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Delhi Full Statehood Issue

Should Delhi be given statehood?

Why in news?

Background

What is the present status of Delhi?

Arguments favoring statehood in Delhi

Why not to give statehood?

The way ahead

Why in news?

Recently Supreme Court has sought more clarity on the scope and boundaries of the relationship between the Delhi government and the Centre as at times, both the Centre and Delhi government contest each other’s right to administer and govern the National Capital and demands have been raised to give statehood to Delhi.

Background

The elected governments have time and again felt crippled in decision-making as the assembly does not have powers like other state assemblies. All political parties that have been in power in Delhi have lamented this and raised the demand for full statehood for the national capital.

What is the present status of Delhi?

Presently, Delhi enjoys the character of a special Union Territory that has some unique institutions like an elected Legislative Assembly and a High Court.

In 1991, the Parliament, through the 69th amendment, introduced Article 239AA (Special Provisions with respect to Delhi) and conferred the right upon the people of the NCT of Delhi to elect their own legislature and government to make laws under certain entries of the state list of the Seventh Schedule of the Constitution and execute these laws respectively.

This amendment, however, did not confer full statehood upon Delhi and powers with respect to public order, land and police remained with the Union government.

Argument favoring statehood to Delhi

Two power centres create confusion

In the current system, power is divided between the chief minister and the Central government through the LG. This dual control creates an inherent tension between the two power centres.

Union government exercises immense authority

Though Delhi Assembly is given the powers to govern and make laws on all but three subjects – public order, police and land but the Union government has been violating this constitutional provision and has been exercising authority on several subjects.

Law & order should be the state government’s responsibility

Delhi Police reports to the Union Home ministry and this ties their hands in ensuring maintenance of law and order in the capital. To avoid the tussle, the Centre can create and deploy a central police force for guarding its buildings and for diplomatic duties. For law and order duties, Delhi’s elected government must be in full command.

Delhi’s land cannot be under Centre’s control

The Delhi government cannot decide on its own the use that the city’s land should be put to. This leads to conflict at times.

Delhi does not have its own officers

Each state of India has its own Public Service Commission that recruits bureaucrats to run the state government’s administrative machinery. Delhi, being a Union territory, does not have a cadre of officers of its own and is part of a common cadre shared with other UTs.

It is argued that if Delhi had its own cadre, like all states have, the impasse between the offices of the CM and the LG would not have arisen.

National capitals all over the world have sufficient powers

Experts say even if some national capitals like Washington DC, London and Paris are not states, all of them have a governance structure that gives the local government legislative, financial and administrative powers. Delhi has none of these.

As Delhi expands, clarity over jurisdiction of the local government will become increasingly imperative.

Some experts have argued that the assembly should be dissolved and the Centre be given full charge of the national capital. However, the abolition of an assembly once created will mean taking away the democratic rights of the people.

Why not to give the statehood?

Delhi is different than other UTs because as the nation’s capital, it must reflect the best that the country offers. And that is only possible if land-use, zoning plans and building regulations are managed in consonance with the standards expected of a capital city. Parallels cannot be drawn with state capitals like Mumbai, Bangalore or Chennai (although that is constantly being done).

Statehood would bring land allocation under the city government, whose concern for the country’s capital would yield to satiating local demands.

In the national capital, the protection of dignitaries and the maintenance of public order are the highest priorities. The upkeep of maximum standards of security is how the safety of the capital is judged. An attack on a Union minister or diplomat would guarantee an ‘unsafe’ tag not just for Delhi but the country. So, police cannot be kept solely in the hands of state government.

An important point against the grant of statehood to the Delhi is the inability of its city government to bear the cost of police salaries and the pension liabilities of all city government employees, which are today borne entirely by the Centre.

It would weaken the case for delegation of authority under various statutes which is feasible and a necessity.

What’s the way ahead

Full statehood will definitely bring better opportunities for the residents of Delhi and financial increments for the government’s budget but not without its own share of responsibilities like provision of top security infrastructure for law & order and internal security

From the point of view of the citizens of Delhi, what matters is that systems are transparent and day-to-day work is attended to. This does not need statehood—only good governance

Any doubts?

how can a statehood be given to a place where all central govt institutions are present like the parliament ,supreme court and others…the govt assuming power there shall control the police
( if given the statehood) and this may result in dirty politics refusing security to MPs of different parties who are not their allies..

giving delhi full statehood will actually be in line with whole process of transfer of power and responsibility, since finance commission has given a greater share of taxes to the states, giving delhi full statehood would actually allow for faster and more efficient capacity building,as for the argument of delhi being the centre of best practices and a role model for the rest of the nation , it would continue to do so even if its an independent state because it has been a centre of intellectual thinking and will continue to do so regardless of who controls the entire system,delhi is special in a way that the parochial sentiments which are in play in other states are less dominant since it being a cultural melting pot,and granting full statehood will be show immense faith in the better judgement of local people to transcend beyond local issues and set the example for the rest of the nation as is expected out of our capital

August 12, 2016

Background to SC judgement on UTs- a recent Delhi HC judgement

Recently, a Division Bench of the Delhi High Court cleared the air that Delhi is a Union Territory with the Lieutenant Governor as its administrator, and not a state

HC had trimmed the Kejriwal Cabinet’s girth by quashing several notifications issued by it without consulting Lieutenant Governor Najeeb Jung

Federal dispute? The court did all this by dismissing the Delhi government’s argument that the AAP-Centre tussle was a ‘classic’ federal dispute

It observed that not every dispute between the Centre and a State government could be classified as a ‘federal dispute’

Constitutional jurisdiction of HC: HC relegated the wrangle to the status of a mere political tug-of-war on ‘services’, matters over which the High Court has full jurisdiction to adjudicate under Article 226 of the Constitution

July 26, 2015

[op-ed snap] Constitutional opinion over the Delhi turf war

The relevant laws are Article 239AA of the Constitution, the Govt of NCT of Delhi Act, 1991 (GNCT Act), the rules formulated under this Act (Transaction of Business Rules), and the relevant judicial pronouncements.

Although the separation of power between Delhi CM and LG is not very clearly demarcated but it can be reasonably suggested that the LG’s discretionary powers do not extend to the appointment of the Chief Secretary without the “aid and advice” of the CM.

The SC in the P. Royappa(1974) case had ruled that Chief Secretary is the lynchpin in smooth administration and it is necessary that there is good rapport between CS and CM. This ruling gives CM an upper hand in appointment of the CS.

Section 41 of GNCT Act deals with the discretionary powers of the LG and there is no such law granting discretion to the LG for making such appointments currently.

May 29, 2015

LG cancels all govt’s appointments and CM banks on the public support

LG has deemed all appointments made by the govt in last four days as invalid since they did not have his approval.

He also contested AAP government’s instructions to the officials to not route files through his office, saying he has been vested with power to decide on major policy issues.

Constitutional provisions and norms laid down in Government of NCT of Delhi Act and Transaction of Business rules of the Delhi Government give LG wider powers over the policy issues as compared to other states.

May 21, 2015

[op-ed snap] Struggle for Supremacy in Delhi

May 18, 2015

LG-CM war intensifies

Delhi CM accused LG of acting unconstitutionally and also removed the Principal Secretary to the Services Department, who had issued the orders to appoint Ms. Gamlin Acting Chief Secretary, on LG’s orders.

LG not only revoked and termed the order ab initio void, he also defended his decisions saying his Secretariat had not taken a single decision which was in violation of the provisions of the Constitution.

Questions (attempt in the comments section)

1

Do you think the demand for full statehood to Delhi is logical? Critically comment considering the merits and demerits of granting complete statehood to Delhi.

2

India’s National Capital Territory enjoys special status compared to other metropolitan cities in India. Examine how other federal governments such as USA and Australia, and unitary governments such as China have devolved powers to their Capital Territories compared to India’s National Capital Territory and comment if Delhi should be given full statehood.